1. The petitioner is a registered political party, which has approached this Court under Article 226/227 of the Constitution of India for seeking a writ of mandamus or a writ of certiorari or any other writ, direction or order, directing IInd Additional Session Judge District Durg, in whose Court the 9 accused persons are being tried for commission of the murder of one Shankar Guha Neogi, a trade union leader, to hold the trial in open Court and other relief.

2. The first grievance of the petitioner is that the trial Court instead of holding the trial in Open Court is holding it iii camera, which cannot be held as section 327 of the Code of Criminal Procedure (for short Code) indicates that the place in which any Criminal Court is held for the purpose of enquiring into or trying any offence shall be deemed to be an open Court, to which, the public generally may have access, so far as the same can conveniently contain them; the restriction contemplated is number of persons which could be contained in the premises where the Court sits. Sushree Nandita Haksar, learned counsel for the petitioner, placed reliance on a decision of the Supreme Court in case of Kehar Singh v. State [